11 months after Lokpal formation, government comes out with format to file complaints

Almost a year after setting up Lokpal, the government has framed the format for filing complaints with the anti-corruption ombudsman, which includes a deadline for disposing of "vague and ambiguous" cases within 30 days and provision for a jail term of up to one year and a fine running up to Rs one lakh for those levelling "false and frivolous or vexatious" allegations.

The ombudsman will also protect the identity of the complainant or the public servant who is accused of corruption till the conclusion of the inquiry, "provided that the protection, shall not be applicable, in cases where the complainant himself has revealed his identity to any other office or authority while making a complaint to the Lokpal".

The Lokpal (Complaints) Rules 2020 notified on Monday said a complaint can also be filed electronically but a hard copy has to be submitted with the ombudsman within 15 days from the date of filing. Complainants can also post their complaint or submit it in person with the Lokpal.

The Rules made it clear that all complainants have to mandatorily give an affidavit. One of the provisions included, "making any false and frivolous or vexatious complaint is punishable with imprisonment for a term which may extend to one year and with fine which may extend to one lakh rupees."

The complaint may ordinarily be made in English but the ombudsman can also entertain a complaint in any of the 22 languages mentioned in the Eighth Schedule to the Constitution like Kannada, Hindi, Marathi, Malayalam, Gujarati and Telugu.

The Lokpal and Lokayukta Act 2013 allows a person to file complaints against the Prime Minister, former Prime Minister, serving and former Union Ministers and MPs and bureaucrats among others.

A complaint filed against the Prime Minister will be decided by the full bench, comprising its chairperson and all members, in the "first instance, at the admission stage", the Rules said.

The complaint should contain the "details of allegations about the commission of an offence by the public servant", including the Prime Minister and Ministers among others.

Complaints which are "illegible", "vague and ambiguous" and "trivial and frivolous" should be disposed of within 30 days. Complaints where no allegation is not made against a public servant and those pending before a court also should be disposed of within 30 days.

On 23 March 2019, Justice Pinaki Chandra Ghose was sworn in as Lokpal Chairperson by President Ram Nath Kovind. Lokpal's eight members were administered the oath by Justice Ghose four days later while one of the members Justice Dilip B Bhosale recently resigned from the post.